HomeMy WebLinkAbout1996-2634.Cammaert.99-10-13 Decision
o NTARlO EMPUJYES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARlO
GRIEVANCE COMMISSION DE
1111 SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G IZ8 TELEPHONE TELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G IZ8 FACSIMILE/TELECOPIE (416) 326-1396
GSB # 2634/96
OPSEU # 97B212
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Unron
(Cammaert)
Grievor
- and -
The Crown m RIght of Ontano
(Minrstry of Health)
Employer
BEFORE Barry B FIsher Vice ChaIr
FOR THE Kathleen Lawrence
GRIEVOR Gnevance Officer
Ontano PublIc ServIce Employees Unron
FOR THE Janet Myers
EMPLOYER Employee RelatIOns Consutant
Minrstry of Health
HEARING September 29 1999
ThIS case was heard under the medIatIOn/arbItratIOn backlog process
ThIS gnevance pertaIns to the fact that the Gnevor dId not share In the settlement
of a classIficatIOn gnevance whIch was settled on November 18 1996 (called the
"ClassIficatIOn Gnevance") The ClassIficatIOn Gnevance was not a Group Gnevance,
rather It was a collectIOn of IndIVIdual gnevances settled at the same tIme The Gnevor
was not a gnevor In the ClassIficatIOn Gnevance He was unaware of the gnevance,
partly because he was off on long-term dIsabIlIty through most of the tIme
The gnevor only became aware of the ClassIficatIOn Gnevance after hIS
colleagues receIved substantIal settlements, some In the neIghbourhood of $100 000
It IS sImply not management's responsIbIlIty to seek out potentIal gnevors
Whether It IS the responsIbIlIty of other partIes to Insure that all potentIal gnevors are
Included In gnevances IS not relevant In the case before me, as It IS clearly not the
Employer's responsIbIlIty to do so
The gnevance IS therefore dIsmIssed.
Dated thIS 13th day of October 1999
Barry B Fisher Vice-Chair